my lawyer said i was getting probation and now they don’t want to give me probation

Get Legal Help Today

 Secured with SHA-256 Encryption

my lawyer said i was getting probation and now they don’t want to give me probation

The DA had said i was getting probation to.

Asked on May 20, 2009 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This can happen.  Maybe something came up of which the DA was unaware, possibly an previous offense or details of your current offense.  You need to question your attorney fully on this matter. 

Just know this, probation is a discretionary matter.  Even as late as the day of sentencing the judge can choose not to accept the DA's recommendation for probation .

There is no law stating that probation must be given, just that it can be given.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

probation is a very subjective thing that is never guaranteed. If your lawyer said that you would get probation as did the DA than I suggest contacting your lawyer. They will be able to tell you why you were refused if that is the case.

If you are still eligible than they will also explain that. usually when both sides are in agreement the end result is what they agreed upon however the ultimate decision is not in the attorneys hands but in the hands of the decision maker.

Call your attorney because they will be the one to know why in fact you did not get probation


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption